Madras High CourtWP/16814/2021disposed of

R.Gopi v. The District Collector

2021-08-16Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P. No. 16814 of 2021 and W.M.P. No. 17791 of 2021 R.Gopi

...Petitioner

Vs.

1. The District Collector Kancheepuram District Kancheepuram.

2. The District Revenue Officer Kancheepuram District Kancheepuram.

3. The Tahsildar Kundrathur Taluk Kundrathur Kancheepuram District.

4. The Fit Person/Executive Officer Arulmigu Karuppaneeswarar Temple Nallur - 602 109.

Kundrathur Taluk Kancheepuram District.

5. The Sub Inspector of Police C4-Somangalam Police Station Somangalam Kancheepuram District.

6. E.Mani

7. E.Asogan

8. E.Raghupathi

...Respondents

PRAYER : Petition filed under Section Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the Respondents 1 to 5 to remove the encroachments made by the Respondents 6 to 8 in the Temple land in S.No.1C/1, situated at Nallur Village, Kundrathur Taluk, Kancheepuram

District consequently direct the Second Respondent to pass an order with regard to classification of Temple land and issuance of patta bsed on the proceedings of the Fourth Respondent dated 13.07.2021.

For Petitioner : Mr. M.R.Jothimanian For Respondents : Mr. P.Balathandayutham State Government Counsel

ORDER

(Order of the Court was passed by N.KIRUBAKARAN, J) The matter was heard through ''Video Conference''. 2.

The Petitioner has come before this Court seeking Writ of Mandamus, directing First to Fifth Respondents to remove encroachments made by Sixth to Eighth Respondents in the Temple land comprised in S. No. 1C/1, situated at Nallur Village, Kundrathur Taluk, Kancheepuram District and consequently, directing Second Respondent to pass an order to re-classify the Temple land and for issuance of patta, based on the proceedings of the Fourth Respondent, dated 13.07.2021.

Mr. M.R.Jothimanian, Learned Counsel for the Petitioner submits that the Petitioner, who is one of the devotees of Arulmigu Karuppaneeswarar Temple (hereinafter referred to as 'the Temple' for short) has filed this Writ Petition to safeguard the subject property of the Temple, which is being encroached upon by Sixth to Eighth Respondents. Further he would submit that the Fourth Respondent has already submitted an application dated 13.07.2021 for re-classification and for issuance of patta in respect of the subject property. Apart from a direction to remove the encroachment made in the subject property, an assurance was given for issuance of patta in respect of the subject property measuring an extent 60 meter X 60 meter = 3600 square meter in favour of the Temple, which is in possession.

However Mr. P.Balathandayutham, Learned State Government Counsel appearing for the Official Respondents would submit that the encroachments made in the subject property have been removed and it is a Meikkal Pormaboke. In this regard, the Temple has already given a representation for issuance of patta. Further he would submit that without reclassification of the subject property, the Temple cannot seek for issuance of patta for the same.

Heard Mr. M.R.Jothimanian, Learned Counsel for the Petitioner and Mr.P.Balathandayutham, Learned Counsel appearing for the First to Fifth Respondents, and perused the materials placed on record.

Even according to the Government, the property is a grazing land, comprised in Survey No. 1C/1, Nallur Village, Kundrathur Taluk, Kancheepuram District and the Temple is in possession of the subject property. When the Temple is in possession of the subject property, its possession should be safeguarded. Therefore, the Petitioner seeks appropriate police protection for the purpose of raising compound wall in and around the subject property/Temple land.

However, even a tress passer cannot be dispossessed without following the due process of law. Therefore, till the Temple is in possession of the subject property, its right should be safeguarded, as admitted by the Official Respondents that there was an encroachment, which had already been removed. Since it is represented that attempts are being made to encroach upon the Temple property, it is appropriate to permit the Temple to put up compound wall in order to safeguard the subject property. In view of that, on 23.08.2021 at 10.30 a.m., the Temple shall start constructing the compound wall in and around the subject property. Further, the Fifth Respondent police is directed to give appropriate police protection for raising the compound wall in respect of the subject property and the protection shall continue till its completion.

Since the Temple has already given a representation for reclassification and for issuance of Patta in respect of subject property comprised in Survey No. 1C/1 and the same shall be considered and orders would be passed at the earliest, after giving sufficient opportunity to Parties concerned. 9.

With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Maya